A lorry driver deprived of his driving licence is now back on the road thanks to a pro bono Birmingham lawyer.

The driver, Marek Durkiewicz, suffers from a medical condition which could affect his ability to drive and consequently has to surrender and have his licence renewed every 12 months.

However, he was able to get back on the road because of a lawyer who recently joined the Birmingham office of Mills & Reeve and No 5 Chambers.

Drivers who surrender their licences, are issued with a letter by the Driver and Vehicle Licensing Agency (DVLA) authorising him to drive in the UK during the renewal period.

However, Mr Durkiewicz planned to travel home to Poland for a holiday. En route he would need to travel through France, Belgium and Germany. He was also required to travel around Europe as part of his job. The DVLA put the onus on him to check with each member state that he could drive through their territory without a valid licence.

After waiting more than five months for his licence documentation and missing his holiday as a consequence, Mr Durkiewicz approached Agata Dmoch, a Polish speaking pro bono solicitor now working at Mills & Reeve.

Ms Dmoch advised Mr Durkiewicz on a pro bono basis, working with James Dixon, a barrister at No5 Chambers. Both lawyers were shortlisted for Birmingham Law Society’s Pro Bono Lawyer of the Year in 2013, with Mr Dixon taking the title.

The duo wrote to the Secretary of State for Transport challenging the procedure - and the delay and raising the potential breach of the European Union’s fundamental right to freedom of movement. A pre-action letter to the Department for Transport preceding a judicial review was also issued, following which Mr Durkiewicz was promptly issued with a new licence.

Ms Dmoch said: “The DVLA’s actions have far-reaching implications for both private and commercial drivers and, in the case of the latter, their employers. We know of a number of logistics firms who have been forced to suspend on full pay those drivers whose licence applications are pending. With a driver down they then have workforce issues. It is hoped that the DVLA will streamline procedures so that drivers and their employers don’t have to jump through hoops in order to stay on the road.”

Mr Dixon observed: “We sometimes forget the utility of EU law and judicial review. This case also highlights the way in which targeted legal action can make a difference to ordinary people as well to businesses.”